Order unanimously reversed and matter remitted to Livingston County Court for a hearing. Memorandum: Under the facts eon-*494tainted in defendant’s petition, he was entitled to a hearing. {Appeal from order of Livingston 'County Court denying, without a hearing, motion to vacate a judgment of conviction for burglary, third degree, and petit larceny rendered February 20, 1964.)
Present — Williams, P. J., Bastow, Goldman, Henry and Del Veechio, JJ.